Motorist plans to fight the citation

That is a common enough response for a ticket recipient, as any police officer will tell you.

But the violation itself is unique. Ferruzza is apparently the first motorist in Longmont to be ticketed on suspicion of texting while operating a motor vehicle, a state law that went into effect in November 2009. Longmont Police Cmdr. Jeff Satur said a records check did not turn up any others under the statute number in Longmont police reports.

Ferruzza said he doesn't believe he deserved the ticket.

"I will go to court on this because I was using the voice activation," Ferruzza said Wednesday.

According to police reports, Officer Staci Stallings was driving a marked patrol vehicle east on the 100 block of East Mountain View Avenue and stopped behind Ferruzza at a red light at Lashley Street.

Paul Ferruzza, 63, is the first motorist in Longmont to be ticketed in suspicion of texting while operating a motor vehicle. He plans to fight the ticket in court. Ferruzza shows his citation at his home in Longmont on Wednesday, Dec. 5, 2012. For a video visit www.TimesCall.com. (Greg Lindstrom/Times-Call)
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Greg Lindstrom
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She reported that the light turned green, but Ferruzza did not move. She reported that she could see that he was holding up a cellphone in his right hand "and it appeared as though he was texting because I could see his thumb moving around in front of the screen of the device."

Stallings honked the horn of her patrol vehicle and Ferruzza proceeded through the light, according to Stallings' report. She followed him to the 400 block of Verdant Circle, where he pulled into a driveway. She activated the car's overhead lights and, she reported, Ferruzza opened the car door but did not get out.

She told him she stopped him because he was texting while operating a motor vehicle and, she reported, he denied it. She said he also failed to signal a turn and noted in her report that he was sitting on his seatbelt and "I recalled I had not seen Paul take his seatbelt off as I watched him from the time I saw him at the green light."

Stallings issued him a ticket on suspicion of texting while driving and failing to wear a seatbelt.

Ferruzza is outraged at both violations.

"I said, 'I wasn't texting and driving,'" he recalled, noting he also asked the officer if she was having a bad day and told her she was a disgrace to the uniform.

He said he looked at a text while he was at the red light and used a voice activation to respond, but had not composed a text on the screen. He said he plans to show in court that he received the text and it had been 18 minutes before he responded, which is when he was at the red light.

"I refused to sign the ticket," he said.

He added that he did not know it was against the law to text while driving.

Longmont Police Traffic Sgt. Mike Bell said the law is difficult to enforce because an officer has to witness the action and most people will stop texting in the presence of a marked police car. He said most people who are texting and driving end up getting tickets for other violations because it affects their driving. He said most people are likely getting a four-point careless-driving ticket, instead of the one-point texting ticket.

"The reason it is so rare is it is very, very difficult to enforce. It is very, very difficult to see someone who is doing it," he said.

Under the statute, a driver must enter data into a phone, instead of simply glancing at the display to push a button or answer or dial a call.

Bell said studies show that texting affects drivers' response times dramatically. He said an average response time for a driver who is attentive is two seconds. However, texting drivers can take eight to 10 seconds to respond, all while the car is still moving.

"By then it is way too late," he said.

Ferruzza said he was surprised to hear that the law was in effect. He said he stays active in political campaigns and tries to pay attention.

"I stay fairly well up on laws," he said.

He said he will challenge both violations in Longmont Municipal Court on Feb. 25. Stallings' report noted that Ferruzza said "I will see you in court." She also reported that he asked her if she had anything better to do than stop people for "piddly stuff," accused her of lying, and added, "Why don't (you) go catch some real criminals?"

Ferruzza reiterated on Wednesday that he believed the officer was lying.

Cmdr. Rick Brough of the Boulder County Sheriff's Office said a deputy cited a motorist with a weaving and texting violation in June. He said the motorist reportedly swerved into the deputy's lane and then admitted to texting when she was stopped for the weaving violation. Boulder Police records were not immediately available, but a records clerk who answered the phone Wednesday said she had seen them submitted in Boulder.

Paul Ferruzza, 63, is the first motorist in Longmont to be ticketed in suspicion of texting while operating a motor vehicle. He plans to fight the ticket in court. Ferruzza is pictured at his home in Longmont on Wednesday, Dec. 5, 2012. For a video visit www.TimesCall.com.
(Greg Lindstrom/Times-Call)
(
Greg Lindstrom
)